Joseph E. Birkett
State's Attorney
DuPage County, Illinois

It has been Illinois law, at least since 1924, that a State's Attorney has certain specific duties.  It has been suggested to Citizens for Legal Responsibility that Joseph E. Birkett, the State's attorney of DuPage County, Illinois, has been acting in violation of the law.

The Illinois Supreme Court held, in People v. Cochran, 313 Ill, 508, 526 (1924) that:

 “The State’s attorney in his official capacity is the representative of all the people, including the defendant, and it was as much his duty to safeguard the constitutional rights of the defendant as those of any other citizen.”
It has been suggested that State's Attorney Joseph E. Birkett has not protected the rights of the defendants in DuPage County, but that he has, for political purposes, not sought justice but has sought to convict whether the defendant was guilty or not. There are many examples of this misconduct.  Did Birkett safeguard the constitutional rights of Rolando Cruz?  Apparently not, since the Courts have held that Cruz was not  lawfully convicted. Under the law, DuPage State's Attorney Joseph E. Birkett had a duty to Cruz to safeguard Cruz' Constitutional Rights. Birkett did not perform his duty under the law. There are other examples of Birkett's misconduct.

The State's Attorney also has the duty to prosecute persons who do not pay child support.  Yet Joseph E. Birkett has informed Carrie Gammell Ekl, that since her husband, attorney Terry Ekl, is his personal friend and was Birkett's campaign manager, he would not represent her, since he would be acting in a conflict of interest. A copy of the notice of conflict of interest on the part of DuPage County State's Attorney Joseph Birkett can be found here. Mr. Birkett, what is more important? enforcing the law or protecting your political cronies? If you had a conflict of interest, why did you not have a special prosecutor appointed to comply with the law, instead of failing to safeguard the legal rights of Carrie Gammell Ekl, her son, and the citizens of DuPage County?

State's Attorney Joseph E. Birkett allows his personal relationships to interfere with, and to supersede, his official duties as a State's Attorney of DuPage County.

State's Attorney Joseph E. Birkett, why are you not complying with the law, as the Illinois Supreme Court has held, that you, as a State's Attorney, should?  Do you believe that you are above the law?  Why are you making a mockery of the Justices of the Illinois Supreme Court?

When a State's Attorney engages in a fraud upon the court, the State's Attorney deprives the court of jurisdiction.  Every time you attempt to deceive the court, you have vitiated the entire proceeding.

The law holds that it is your duty to convict those who act in violation of the law.  The U.S. Supreme Court has held that when a judge acts without jurisdiction, he is engaged in a violation of the law.  How many judges have you charged and prosecuted for engaging in the unlawful act of acting without jurisdiction?  When a judge acts without jurisdiction, the law states that he/she is acting in his/her personal capacity and not acting as a judge, and therefore has no judicial immunity.

When a judge acts without jurisdiction, he is receiving a salary for work he has not performed and is engaged in defrauding the State of Illinois. When will State's Attorney Joseph E. Birkett prosecute judges who defraud the State of Illinois?  Similarly, when State's Attorney Joseph E. Birkett is not performing his duties, he is receiving a salary for work not performed and he is defrauding the citizens of DuPage County.

CLR has been informed that Mr. Joseph E. Birkett has been campaigning to be elected the Illinois Attorney General.  If Birkett does not comply with the law for the citizens of DuPage County, why would anyone seriously believe that he would comply with the law relative to all of the citizens of DuPage County or to all of the citizens of the State of Illinois?

Having failed to perform Birkett's lawful duty, the Carrie Gammell Ekl v. Terry Ekl matter was then transferred to Illinois Attorney General Jim Ryan.

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Under Illinois law, all court records are public property, Skolnick v. Altheimer & Grey, 191 Ill.2d. 214 (2000), except for certain very limited exceptions, such as national security. Judges who seal court records contrary to law, are engaged in violating Illinois law and the Supreme Law of the Land. It is the duty of State's Attorney Joseph E. Birkett to prosecute the law in DuPage County against any person who violates Illinois law and the Supreme Law of the Land, yet Joseph E. Birkett connives with the judges who violate the law, looks the other way, and he becomes a trespasser of the law. Birkett becomes an accessory to an unlawful act.

Is it a reason that the court records in the case of In re the Marriage of Terry Ekl v. Carrie Gammell Ekl are sealed because the court did not comply with Illinois law on divorce cases, that the purported divorce judgment between Terry Ekl and Carrie Gammell Ekl is invalid, and the case must be sealed from investigation of this invalidity? Are Terry Ekl and Carrie Gammell Ekl really divorced under Illinois law? Since attorney Terry Ekl has remarried, is he engaged in an act of bigamy?

Or was the sealing of the court records a procedure to hide the documents of State's Attorney Joseph E. Birkett and Illinois Attorney General Jim Ryan attesting to their conflict of interest and failure to perform their legal duties?

Joseph E. Birkett, where are you? Violating Illinois law?


If you have additional information about the misconduct of DuPage County State's Attorney Joseph E. Birkett, please contact Citizens.


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Created March 5, 2001

Last updated February 9, 2002